The Australian Workers’ Union Summary

[2013] FWCA 10085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/11916)

RIPOSTO PLANT & EQUIPMENT SERVICES T/AS ROADS & TRAFFIC MANAGEMENT SERVICES/AWU TRAFFIC CONTROL INDUSTRY GREENFIELD AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Riposto Plant & Equipment Services T/AS Roads & Traffic Management Services/AWU Traffic Control Industry Greenfield Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Riposto Plant & Equipment Services T/AS Roads & Traffic Management Services/AWU Traffic Control Industry Greenfield Agreement 2013 (the Agreement). It has been made by the Australian Workers Union (AWU) and nominates the AWUas the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied for the Fair Work Commission's approval of a proposed agreement between Riposto Plant & Equipment Services T/A Roads & Traffic Management Services and various employees covered by the agreement. The application was made under section 234 of the Fair Work Act 2009. The dispute arose due to disagreements between the parties over the terms and conditions of employment, including classification of roles, wages, and other employment-related matters. The Fair Work Commission was tasked with assessing the proposed agreement to determine if it met the criteria for approval.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment for the employees covered by it. The Commission needed to consider whether the agreement provided for minimum entitlements, protected employees' rights, and was consistent with the principles of the national workplace relations system. Additionally, the Commission examined whether the agreement had been made in good faith and whether it provided for an efficient, flexible, and productive workplace.

The Commission found that the proposed agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement provided for minimum entitlements, protected employees' rights, and was consistent with the principles of the national workplace relations system. Furthermore, the Commission was satisfied that the agreement had been made in good faith and provided for an efficient, flexible, and productive workplace. The Commission approved the proposed agreement, and it will now be binding on the parties from the date of the Commission's decision.

The Fair Work Commission approved the Riposto Plant & Equipment Services T/A Roads & Traffic Management Services/AWU Traffic Control Industry Greenfield Agreement 2013, subject to certain modifications. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would be binding on the parties from the date of the decision. The modifications made by the Commission included changes to the classification of roles, wages, and other employment-related matters to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The Commission also made orders regarding the payment of wages and the resolution of any disputes that may arise under the agreement.

The Australian Workers’ Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established